US Court of Appeals for the Fifth Circuit Opinions

US Court of Appeals for the Fifth Circuit Opinions
United States v. Sealed Appellee

Docket: 17-50451
Opinion Date: April 10, 2018
Judge: Per Curiam
Areas of Law: Criminal Law

The Fifth Circuit vacated appellee's 80 month sentence and remanded for resentencing. In this case, appellee pleaded guilty, pursuant to a plea agreement, to conspiring to possess with intent to distribute 1,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana. The court held that a motion by the government was required for the district court to depart below the minimum term of imprisonment established by Congress for the drug offense appellee committed. Therefore, it was error for the district court to sua sponte depart from the minimum.

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